Judge, wife visit litigant’s bed-ridden father at home to find out his mental condition

Justice Swaminathan and his wife visit litigant's father to assess mental health, highlighting importance of compassionate care.

In an unusual gesture, Justice G.R. Swaminathan of the Madras High Court and his wife Kamakshi, a special educator, visited a litigant’s 83-year-old bed-ridden father at his residence to find out if the octogenarian was suffering from any mental ailment as claimed by his elder son.

The judge decided to go to the man’s house at Kodambakkam in Chennai after taking into account that his production before the court would cause immense physical inconvenience to him since he had suffered a stroke in 2021, lost his ability to speak, and was being tube- fed since then.

Justice Swaminathan took his wife along with him since she was experienced in dealing with mentally ill persons. The decision was taken at the hearing of a case filed by Sivakumar Chellathurai in 2023 for appointing him as the manager of his father P.K.M. Durai’s properties and permit him to dispose them of.

The petition had been filed under Clause 17 of the Letters Patent which confers parens patriae jurisdiction on the High Court in respect of “minors, lunatics and idiots”. The judge said that though such expressions could not be employed any longer, they continue to find a place in the statute.

Leaving that aside, the judge found that the litigant had also filed a sub- application for a direction to his mother Kousalya Devi and younger brother C. Sabari Kumar to take his father to a hospital for follow-up and review. The applicant had asserted his father was mentally ill.

To ascertain if the assertion was true, the judge’s wife wrote the words ‘hospital’ and ‘home’ one below the other on a piece of paper and requested Mr. Durai to point out his preference. Due to the difficulty in motor coordination, the aged man initially touched the word ‘hospital’.

However, when the judge asked if he wished to be shifted to a hospital, the litigant’s father began weeping. Immediately, Ms. Kamakshi wrote the words ‘home’ and ‘hospital’ on two sides of the paper and this time, Mr. Durai touched the word ‘home’ and indicated by gestures that he was comfortable at home.